Green Building Law Update

AUGUST 30, 2020

In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection from existing contamination before signing leases. So while instructive, it provided little, if any, comfort to tenants.

Site 156

Site Liability Leases Defense 156

NH Construction Law

JUNE 30, 2020

A few years back I blogged (#24) on the Spearin doctrine, which holds that adherence to government-imposed design specifications absolves the contractor from contract liability to the government when the finished product fails to perform as intended. Spearin does not address tort liability to third parties injured by defective designs.

Contractors 40

Contractors Liability United States Defense 40

DebunkTheBIM

SEPTEMBER 29, 2017

She gets a bit defensive about it, going it that direction, I supposedly have been putting her off the profession for a long time. Imagine them and their dismay of being lowered to be ‘just one’ discipline leader and fitted somewhere between the structural guys and MEP designers. Just what a good Design Manager would wish for.

BIM 90

BIM Management Design Drawings 90

Best Practices Construction Law

MARCH 5, 2018

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. While the court’s decision focused on the type of allegations necessary to prove fraud on the FCA, the opinion is instructive to avoid FCA claims. Jesse Sloan v. 3730(b).

Claims 63

Claims Certification Fabrication Inspections 63

Green Building Law Update

MARCH 31, 2019

In 2002, as part of the Small Business Liability Relief and Brownfields Revitalization Act, the BFPP definition was amended to include the parenthetical phrase “(or a tenant of a person)” in the description of who can claim the BFPP defense, but there was no other direction on the treatment of tenants.

Liability 120

Liability Leases Defense Commercial 120

Construction Dive

NOVEMBER 27, 2012

Rather than specifying design features, the project owner – through its design professionals – states the functional characteristics the completed project must possess. A problem arises, however, because many design documents are actually hybrid. They contain both design and performance features.

Lien 48

Lien Claims Defense Documentation 48

Lets Build

FEBRUARY 4, 2021

In any other case, claims will always wait for you just around the corner, putting extra pressure on the project’s budget and generating a multitude of administrative tasks. This administrative nightmare is the first step towards slower decision making, misunderstandings, and all in all costly and time-consuming claims.

Site 158

Site Project Management Schedule Claims 158

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. A claim pending against a major U.S.

Green 120

Green Risk Claims Drafting 120

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . A large claim against your business could have a devastating financial effect that could threaten your livelihood. Does a carpenter need insurance? Carpentry is a diverse occupation.

Insurance 52

Insurance Liability Accidents Injury 52

Construction Lawyer

MARCH 15, 2014

The court rejected this argument as inadequate because the plaintiff relied exclusively on the similarities and offered nothing to rebut the independent creation defense. A copyright infringement claim has two elements: (1) ownership of a valid copyright; and (2) copying of constituent elements of the work that are original.

Claims 45

Claims Plans Drawings Defense 45

Job Order Contracting

JULY 28, 2021

Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on balancing the interests of the various parties involved in a construction project, from owners, to design professionals, to contractors.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Construction Lawyer

APRIL 3, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Federal Court dismisses subs claim against GC because of arbitration provision. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Marketing Ideas

FEBRUARY 6, 2015

Reasonably the project, designed as part of a restaurant, will be indoors. A “no-damages-for-delay” (NDFD) clause is a very common contract term that provides a defense for the delay-causing owner or general contractor to assert against the harmed party’s request for damages.

Construction 48

Construction Defense Legal Claims 48

Construction Lawyer

APRIL 19, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Economic Loss Doctrine bars Nevada claims against Architect. The design of the foundation was premised on their analysis, which proved to be faulty.

Nevada 40

Nevada Claims Illinois AIA 40

Construction Lawyer

MAY 30, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Unlimited liability for designers and contractors. The bridge was designed in 1962 by Sverdrup. Sverdrup no longer exists.

Liability 40

Liability Contractors Design Minnesota 40

Construction Lawyer

AUGUST 28, 2013

No doubt as a surprise to many Illinois defense attorneys, a new Illinois law that goes into effect on January 1, 2014, will affect the way settlements are handled. This law, Public Act 098-0548, codified at 735 ILCS 5/2-2301, applies to “personal injury, property damage, wrongful death, or tort action involving a claim for money damages.”

Illinois 40

Illinois Lien Claims Insurance 40

NH Construction Law

FEBRUARY 25, 2018

Suppose a design professional administering a construction contract advises the owner that a problem with the project is due to a construction defect when, in fact, it is the result of the professional’s own design error. attorney fees. thereby suffered or incurred in the earlier action.” Gould , 74 N.H. Bergeron , 110 N.H

New Hampshire 40

New Hampshire Injury Contract Claims 40

Construction Lawyer

AUGUST 30, 2007

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts. 3d 314 (C.A.3

Claims 40

Claims Engineering Illinois AIA 40

Levelset

OCTOBER 20, 2022

Umbrella or excess insurance : The standard level of GL in a business owner’s policy may not be enough to meet a job’s contractual requirements — in which case you may want to look at an umbrella or excess liability policy that may extend your coverage for larger claims. GL helps pay medical costs and defense costs if a lawsuit arises.

Insurance 52

Insurance Liability Electrical Accidents 52

Construction Specifier

SEPTEMBER 25, 2020

Moisture management strategies impact all stakeholders in the design and building process. There are three primary defense mechanisms: water holdout for bulk water; drainability for rain penetration; and. The main role of WRB is to protect the building envelope from bulk water, wind-driven rain, and water vapor.

Fabrication 76

Fabrication Materials Management Products 76

Job Order Contracting

JULY 24, 2023

private interest sued the United States as a “bid protest to challenge the decision of the Department of Defense (“DOD”) to standardize its facility condition assessment needs through the Sustainment Management System (“SMS”)”2 2014: NNSA implements BUILDER with two pilots (Lawrence Livermore National Laboratory and Pantex Plant) 1 S.

Defense 134

Defense United States Inspections Accounting 134

Best Practices Construction Law

JANUARY 8, 2016

So, my question to contractors is: Do you have a corporate compliance program designed to avoid purposeful or inadvertent violations of law by your employees? In 1991, after defense contractor scandals, the U.S. Any compliance officers or committees should be formally designated as such by the highest level of management.

Contractors 48

Contractors DOT Guidelines Regulation 48

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Partnerships Are The Only Ships - Designed to sink. Get Organized - Pick a company name that says something about what you are doing.

Insurance 48

Insurance Construction Accounting Claims 48

Construction Lawyer

JULY 21, 2014

An architect was unable to enforce his copyright against two construction companies because only unprotected elements of his design were copied. Here, there is no copying because independent creation is a defense to copyright infringement. The plaintiff’s designs are replete with uncopyrightable elements. 17 U.S.C. §

Drawings 45

Drawings Architecture IDEA Housing 45

FDR Safety

MARCH 19, 2020

This can be accomplished by asking the OSHA inspector to wait for the arrival of the designated representative before starting the inspection. Where the inspector refuses to wait or where it is impossible for the representative to personally appear, designate a back-up to fill in. If you’re unsure seek advice from counsel.

OSHA 156

OSHA Inspections Conference Employment 156

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Partnerships Are The Only Ships - Designed to sink. Get Organized - Pick a company name that says something about what you are doing.

Contractors 48

Contractors Insurance Claims Lien 48

Job Order Contracting

APRIL 30, 2022

Zero costs associated with disputes and claims. Fewer disputes and claims. Partnering process model for public-sector fasttrack design-build projects in Korea. Research Design: Qualitative, Quantitative, and Mixed Methods. Partnering on defense contracts. Designers and contractors: impediments to integration.

Construction 222

Construction Project Management Engineering Management 222

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Partnerships Are The Only Ships - Designed to sink. Consult with a construction attorney and follow their advice.

Construction 48

Construction Insurance Accounting Claims 48

Business Facilities

JULY 24, 2019

Rogers noted that all three states have established highly diversified growth strategies and staked a claim to leadership in high-tech hubs. secured a $10 million Department of Defense contract to strengthen the cybersecurity of small businesses that work with manufacturers in Louisiana. Cory Booker of NJ and Sen.

North Carolina 111

North Carolina San Antonio Louisiana Tennessee 111

Construction Lawyer

MARCH 27, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. He claimed that his work was "production only," which was essentially the function of a draftsman.  " 29 C.F.R. 541.300(a). Categories.

Architecture 58

Architecture Illinois AIA Chicago 58

Construction Lawyer

MAY 1, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. apply to any claim that is directed to arbitration by the court. Unlimited liability for designers and contractors. Subscribe to this blogs feed.

Florida 40

Florida Illinois Claims AIA 40

Buisness Facilities Contributed Content

MARCH 8, 2016

In addition, a taxpayer who holds an interest in a qualified generating facility in New Mexico that files a corporate income tax return may claim a credit for 6% of the eligible generation plant costs of a qualified facility. This credit is designed to stimulate the development of new alternative energy manufacturing facilities.

New Mexico 40

New Mexico Compensation Income Railroad 40

Construction Dive

DECEMBER 26, 2012

In the meantime, here are a few brief notes of interest from each of the five areas that CPW covers: Construction Claims Advisor (CCA) -- Which weekly CCA commentary drew the most reaction from CPW/Construction Advisor Today (CAT) readers in 2012? Michigan is the 24th state to approve legislation of this sort.

Michigan 48

Michigan ASPE Bidding Union 48

Buisness Facilities Contributed Content

FEBRUARY 22, 2013

Texas, a perennial front-runner for Business Facilities’ State of the Year designation, has reclaimed its position at the top of our annual list with a tour de force that vaulted the Lone Star State to the top of just about every credible business ranking out there, including those created by our competitors and the general business media.

Texas 86

Texas Deals Fort Worth South Carolina 86

Construction Lawyer

APRIL 14, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Fiduciary Duty by Design Professionals? Unlimited liability for designers and contractors. » April 15, 2012.  Carter Constr. 2012 Ill. . 

Illinois 40

Illinois AIA Chicago Legal 40

Construction Lawyer

APRIL 17, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « Sole Proximate Cause Defense Reaffirmed | Main. Economic Loss Doctrine bars Nevada claims against Architect » April 17, 2009. Categories.

Illinois 40

Illinois AIA Chicago Insurance 40

Construction Law Monitor

FEBRUARY 10, 2011

House Bill 1532 (Creating a good faith defense for certain minimum wage and overtime compensation complaints). House Bill 1559 (Limiting indemnification agreements involving design professionals). Kathy Haigh, (D-Shelton) (D) on January 25, 2011, modifies current law to limit indemnification agreements involving design professionals.

Washington 44

Washington Construction Permits Structural Engineering 44